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British American Tobacco Italia (BATI) appealed a decision by the Italian Competition Authority (AGCM) that imposed a fine of €6,000,000 for engaging in misleading commercial practices in the advertising and promotion of its heated tobacco devices, Glo Hyper X2 and Glo Hyper Air.
The Regional Administrative Court of Lazio (First Section) upheld the decision. It agreed with AGCM’s findings that BATI failed to adequately disclose that use of the devices necessarily involves nicotine consumption and that they are not intended for minors, and that its emphasis on the devices as “nicotine-free” or "mere electronic devices" was likely to mislead consumers regarding health risks and product purpose. The Court further concluded that these omissions compromised consumers’ ability to make informed decisions, particularly given the devices’ exclusive and necessary role in the consumption of heated tobacco.